DISMISSAL WTH PREJUDICE DISMISSAL WITHOUT PREJUDICE

REMEDY Appeal Rule 65

 Dismissal due to fault of the plaintiff- A  Dismissal Upon Notice by Plaintiff
dismissal based on any of the grounds in Section  Dismissal Upon Motion of Plaintiff
3, Rule 17 of the Rules of Court has the effect of
 Dismissal upon Counterclaim
an adjudication on the merits
 Dismissal under demurrer to evidence-
judgment on merits
 failure of the plaintiff and counsel to
appear without valid cause
 order granting a motion to dismiss or an
affirmative defense that the cause of
action is barred by a prior judgment or by
the statute of limitations;
 that the claim or demand set forth in the
plaintiff’s pleading has been paid,
waived, abandoned or otherwise
extinguished;
 that the claim on which the action is
founded is unenforceable under the
provisions of the statute of frauds,

NOT SUBJECT TO APPEAL OR RULE 65

 - Any action of court on motion for judgment on the pleadings (judgement of pleading itself is appealable).
- Any action of court on motion for summary judgement
- Order denying the demurrer to evidence
Before the Judgment becomes final

RULE ORIGIN NATURE EXECUTION

40 MTC-MCTC-MTCCRTC Ordinary appeal It may der execution

- Notice of appeal pending appeal
- Record on appeal
41 RTC CA, original jurisdiction of RTC Ordinary appeal It may order execution
- Notice of appeal pending appeal
- Record on appeal
42 RTC CA, appellate jurisdiction of RTC Petition for review The appeal shall stay the
judgment or final order,
unless restrained
43 CTA/QJA CA, both question of law and Ordinary appeal The appeal shall not stay
fact - RTC equal rank the award, judgment, final
order or resolution
45 MTCSC, Appeal by certiorari
RTC SC, Petition or review on
CA SC, certiorari
- only question of law

After the judgment became final

RULE SUBJECT GROUNDS WHERE TO FILE
 38 • Judgment Fraud, Accident, Mistake, Court which rendered the
Petition for • Final order Excusable Negligence judgment, final
Relief from • Other proceedings (Sec.1) (FAME) order, order denying appeal
Judgment • Order denying the appeal (Sec.2) or court which
conducted the proceedings
(Sec. 1)
47  judgments Extrinsic Fraud and Lack of Court of Appeals
Annulment  final orders Jurisdiction RTC if from MTC
of  resolutions in civil actions of
Judgments Regional Trial
Courts for which the ordinary
remedies of new
trial, appeal, petition for relief or
other
appropriate remedies are no longer
available
through no fault of the petitioner

Other Appeals and Reviews

Review of decision of NLRC Rule 65

Review of decision of VA in labor cases Rule 43

Review of rulings of Ombudsman
◦ Administrative Rule 43
◦ Criminal cases Rule 65
Appeals from CTA en banc Rule 45
Review of decision of Comelec Rule 64 and 65
Review of decision of COA Rule 64 and 65
Appeals from decision of CSC Rule 43
Stages of Expropriation RULE 67 Appeal in each stage
- propriety is allowed
- just compensation
Stages of partition RULE 69 Appeal in each stage
- propriety (order of partition) is allowed
- actual partition (judgement partition)
Foreclosure of mortgage RULE 68 Appeal
- Writ of possession is issued to Purchaser
Direct contempt Rule 71 Certiorari or
prohibition RULE
65
Indirect contempt Rule 71 May be APPEALED
to the proper court
as in criminal case

CERTIORARI PROHIBTION MANDAMUS

Directed against an Judicial or Quasi-Judicial Judicial or Quasi-Judicial Ministerial function
entity or person Function Function or ministerial
exercising Function
Acted Lack of jurisdiction Lack of jurisdiction Neglected a ministerial
Excess of jurisdiction Excess of jurisdiction duty
 GAD amounting to lack or
excess of jurisdiction
Purpose To annul or nullify a
proceeding
Coverage discretionary acts
Nature of remedy Corrective remedy-past
action
Rule 103
Subject 1) to change his or her
matter surname or
2) to change both his or her
first name and surname
provided that the
jurisprudential grounds
discussed in Republic v.
Hernandez are present.
GAD amounting to lack or Excluded another from a
excess of jurisdiction right or office
Even if it does not exercise
judicial or quasi-judicial or
ministerial function if it is any
branch or instrumentality of the
government
To have respondent desist For respondent to do the
from further proceeding: act required to be done as
from exercising a duty: and pay damages
jurisdiction/power
Discretionary and ministerial Ministerial acts
acts
Preventive remedy-future Affirmative or positive
action
Rule 108 RA 9048 as amended
Cancellation /Correction of To change his or her FIRST
entries in the Civil Registry NAME
-Births To correct clerical or
– Marriages typographical errors in the civil
– Deaths register
– Legal Separations
– Judgments of Annulments To change/correct the day, month,
or Marriage date of birth
– Judgements declaring
marriages void To change/correct his or her sex,
the following grounds as from the beginning where it is patently clear that there
being sufficient to warrant a – Legitimations was a clerical or typographical
change of name: – Adoptions error or mistake
– Acknowledgments of
(a) when the name is natural children
ridiculous, dishonorable or – Naturalization
extremely difficult to write or – Election Loss or Recovery
pronounce; of Citizenship
(b) when the change results as – Civil Interdiction
a legal consequence of – Judicial Determination of
legitimation or adoption; (c) filiation
when the change will avoid – Change of Name
confusion;
(d) when one has
continuously used and been Correction of misspelled first
known since childhood by a name
Filipino name and was
unaware of alien parentage;
(e) when the change is based
on a sincere desire to adopt a
Filipino name to erase signs
of former alienage, all in good
faith and without prejudice to
anybody; and
(f) when the surname causes
embarrassment and there is no
showing that the desired
change of name was for a
fraudulent purpose or that the
 change of name would
prejudice public interest.
Nature of Judicial Judicial Proceeding Administrative - first file a verified
proceeding adversarial in nature because petition with the local civil
it involves substantial registry office of the city or
changes and affects the status municipality where the record
of an individual being sought to be corrected or
changed is kept
***A person may only avail of the appropriate
judicial remedies under Rule 103 or Rule 108 in
the aforementioned entries after the petition in
the administrative proceedings is filed and later
denied.

CRIMINAL PROCEDURE

VENUE OF PERJURY

making of a Place at the time the affiant

false affidavit under Article subscribes and swears
183 of the RPC
false testimony place where the testimony
under oath in a proceeding that under
is neither criminal nor oath is given
civil
written sworn statement place where
the sworn statement is
submitted or where the
oath was taken

BAIL

MATTER OF RIGHT MATTER OF DISCRETION

(a) before or after conviction by the 1 ST

level courts HEARING AND NOTICE MANDATORY

(b) before conviction by the Regional Trial
Court of an offense not punishable by
death, reclusion perpetua, or life
imprisonment.
(c) (Bail-Negating Circumstances)
penalty imposed is imprisonment
exceeding six (6) years, Recidivist,
Escapee, offense under Probation, flight
risk, crime risk
(a) Upon conviction by the Regional Trial
Court of an offense not punishable by
death, reclusion perpetua, or life
imprisonment
(b) Evidence of guilt is not strong of person
charged with CO, RP, LI
- File to the trial court where notice of
appeal is filed,
- File to the CA if transmitted the original
record to the appellate court.
- File to CA if the decision of the trial court
convicting the accused changed the nature
of the offense from non-bailable to

Article 147 FC
Applicability: applies when a man and a woman, suffering no
legal impediment to marry each other, so exclusively live
together as husband and wife under a void marriage or without
benefit of marriage
Requisites:
a. must be capacitated to marry each other;
b. live exclusively with each other as husband and wife; and
c. their union is without the benefit of marriage or their
marriage is void
Void marriages governed by article 147:
1. Declared void by reason of psychological incapacity
2. Celebrated without valid marriage license
3. Celebrated by a person without legal authority to
solemnize marriages and either or both parties cannot
claim good faith
4. Contracted through mistake of one contracting party as to
the identity of the other
5. Subsequent marriages that are void because of failure to
comply with procedural requirements of Article 52
Rule on distribution of properties
a. Wages and salaries earned by either party during the
cohabitation shall be owned by the parties in equal shares
and will be divided equally between them, even if only
one party earned the wages and other did not contribute
bailable
Article 148 FC
Applicability: applies in cases where the parties in union are
incapacitated to marry each other. It refers to property regime of
bigamous marriages, adulterous relationships, relationship in a
state of concubinage, relationship where both man and woman
are married to other persons, and multiple alliances of the same
married man.
Requisites;
a. must be capacitated to marry each other, or they do not
live exclusively with each other as husband and wife; and
b. their union is without the benefit of marriage or their
marriage is void
Void marriages governed by article 148:
1. One of the contracting parties is below 18
2. Bigamous or polygamous marriage
3. Incestuous marriages
4. Marriages which are prohibited by reasons of public
policy
Rule on distribution of properties
a. Wages and salaries earned by each party belong to him
or her exclusively
b. Property acquired during cohabitation; only the
properties acquired by both of the parties through their
 thereto
b. Properties acquired during cohabitation- Equal co-
ownership, properties acquired by both parties during
their union through their work and industry and are prima
facie presumed to have been obtained through their joint
efforts. Presumption of equal shares.
c. Parties who did not contribute to the acquisition by the
other party of any property shall be deemed to have
contributed jointly in the acquisition thereof if the
former’s effort consisted in the care and maintenance of
the family and of the household.
d. During cohabitation, parties are prohibited from
disposing by acts inter vivos or encumbering their
respective shares in the co-owned property without the
consent of the other.
e. The validity of an encumbrance of the entire property
made by one of the parties without the other’s consent is
with respect only to the share of the consenting co-
owner.
f. After cohabitation parties are allowed to dispose by acts
inter vivos or encumbering their respective shares in the
co-owned property
actual joint contribution of money, property and industry
shall be owned by them in common in proportion to their
respective contributions. Mere cohabitation without
proof of contribution will not result in a co-ownership.
No presumption of equal shares.
c. Co-ownership will only be up to the extent of the proven
actual contribution of money, property or industry.
d. The law does not prohibit one of the co-owners in from
disposing or encumbering, during the cohabitation
without the consent of the co-owner
e. If one of the parties in the cohabitation is validly married
to another, his or her share in the co-ownership hall
accrue to the absolute community or conjugal partnership
existing in such valid marriage.